PATRICK HAMISI v REPUBLIC[2012] eKLR
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL APPEAL NO. 9 OF 2010
(From original conviction and sentence in Criminal Case No.1518 of 2009 of the Senior Principal
Magistrate’s Court at Naivasha – N. N. NJAGI, PM)
PATRICK HAMISI……………………………...................................……APPELLANT
VERSUS
REPUBLIC…………………………………..............................……….RESPONDENT
JUDGMENT
Patrick Hamisi was charged with the offence of defilement of a child contrary to Section 8(1) as read
with Section 8(3) of the Sexual Offences Act No.3 of 2006. The particulars of the charge are that on
29/4/2009 in Naivasha District, intentionally and unlawfully caused penetration of his genital organ
(penis) into the genital organ (vagina) of F.A.M, a child aged 9 years.
In the second charge, he was charged with the offence of deliberate transmission of a sexually
transmitted infection or any other life threatening sexually transmitted disease, contrary to Section
26(1)(c) of the Sexual Offences Act No.3 of 2006. The particulars of the charge are aforementioned
date and place, intentionally, knowingly and willfully infected F.A.M with sexually transmitted disease
namely, Gonorrhea.
The appellant denied committing the offences and the case proceeded to hearing before Hon. Njagi
(PM), who convicted the appellant on both counts and sentenced him to 15 years imprisonment on each
count and ordered that they run consecutively. The appellant is aggrieved by both conviction and
sentence and preferred this appeal. The appeal is based on the following grounds found in the
memorandum of appeal and further grounds found in the appellant’s submissions:1.
That the conviction was based on inconsistent medical evidence;
2.
That there was no independent evidence to connect the appellant with the said offences;
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